[2026:RJ-JP:7431] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Third Misc Suspension Of Sentence Application (Appeal) No. 243/2026 Rajakhan Alias Shakil Son Of Shri Shemsher Beg Alias Thana, Aged About 28 Years, Resident Of Ward No. 25, Naykon Ka Mohalla, Near Chopad, Danta Police Station Dantaramgarh, District Sikar At Present In Central Jail, Bikaner ----Petitioner Versus The State Of Rajasthan, Through The P.P. ----Respondent Connected With S.B. Criminal Second Misc Suspension Of Sentence Application (Appeal) No. 203/2026 1 Roshan Son Of Shri Mumtaj, Aged About 25 Years, Resident Of Ward No. 25, Mohalla Maniyar Danta Police Station Dantaramgarh District Sikar. (At Present In Central Jail Bikaner. 2 Saddam Son Of Mohammed Babu Kureshi, Resident Of Ward No. 9, Vyapariyon Ka Mohalla, Ramgarh Police Station Dantaramgarh District Sikar. At Present In Central Jail Bikaner. ----Petitioners Versus The State Of Rajasthan, Through The P.P. ----Respondent For Petitioner(s) : Mr. Harendra Singh For Respondent(s) : Mr. Amit Kumar Gupta, P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/02/2026 1. Both these applications have been filed by the applicants for suspension of sentence imposed vide judgment and [2026:RJ-JP:7431] (2 of 5) [SOSA-243/2026] order dated 23.11.2022 passed by the Court of learned Judge, Special Court, POCSO Act, Sikar in Special Sessions Case CIS No. 115/2018 whereby the accused-appellants have been convicted for offences punishable under Sections 363, 366A, 376D, 376(2) (i), 376(2) of I.P.C. and under Sections 5(L)/6 and 5(G)/6 of the POCSO Act, 2012 and they have been sentenced to undergo maximum sentence of 20 years. 2. The first application for suspension of sentence of both the appellants was dismissed as withdrawn vide order dated 22.11.2024. Second application for interim suspension of sentence filed by the accused-appellant Rajakhan @ Shakil was allowed vide order dated 30.11.2025 whereby the sentence was suspended for a period of ten days. 3. Learned counsel for the accused-appellants submits that accused-appellants have been implicated in this case on the basis of false and fabricated facts under a political pressure. He also submits that the F.I.R. Exhibit P-15 has been lodged by the Ram Gopal P.W. 9 (father of victim), who during the examination before the learned Trial Court has stated that there was some pressure of public to lodge the criminal case. He further submits that though initially there were allegations of making viral of photos of victim but the accused-appellants have been acquitted from the charge of offence punishable under provisions of I.T. Act. He further submits that there is much improvement in the statements of the prosecutions witnesses. It is submitted that at the initial stage, the allegation against the accused-appellants was only of attempt of sexual assault but at later stage during their examination the victim has made allegation of penetrative sexual [2026:RJ-JP:7431] (3 of 5) [SOSA-243/2026] assault by the accused-appellants. It is also submitted by the counsel that the FSL and the DNA reports do not corroborate the allegations. Counsel also states that both of Teachers P.W. 12 and 13 have come with the different versions as regards the date of birth of the victim. It is also submitted by the counsel for the accused-appellants that in maximum of the cases where the accused-appellants have been convicted and sentenced for more than fifteen years they have been enlarged on bail on completion of five years of sentence. 4. Learned Public Prosecutor on the other hand submits that there are specific allegation of penetrative sexual assault against the accused-appellants. He also submits that age of the victim is less than 16 years and the accused-appellants have been convicted and sentenced to undergo fifteen years of sentence. Learned Public Prosecutor also refers the statements of P.W. 19 Surendra Kumar. 5. Considered the submissions made at Bar and perused the record. 6. As regards the submissions made by the learned counsel for the appellants that the complainant P.W. 9 Ram Gopal has stated that he has lodged the case under the pressure of public. The Court has gone through the statements of the P.W. 9. In the statements of P.W. 9 there are specific allegations of penetrative sexual assault against the accused-appellants as per the version given to him by the victim. It has also come out that when the complainant went to the police station for lodging the criminal case, 2 -3 persons were with him. Merely because of those 2-3 persons who went with him at the police station belong [2026:RJ-JP:7431] (4 of 5) [SOSA-243/2026] to a particular political party, does not mean that the criminal case has been lodged under a political pressure. He also stated that when the photo of his daughter was made viral on the whatsapp, many persons made comments on him. He is saying that several persons made comments to him and therefore he has lodged criminal case and it does not mean that no such incident happened and the complainant has lodged the report without any basis. The Court has also gone through the statements of P.W 12 and 13 and at this stage Court is of the opinion that the victim is major and making any observations at this stage, it may defeat the case of the victim because any such finding has to be given after scrutiny of the complete evidence and material. Learned counsel for the appellants also submitted FSL and DNA report which has corroborated the allegations. The FSL and the DNA report are the corroborative evidence but if the FSL and the DNA report does not corroborate the allegations even then an accused can be convicted relying upon the sole testimony of the victim which is in such a nature that same cannot be disbelieved for any reason. 7. Taking into consideration the overall facts and circumstances of the case and after scrutiny of the evidence available on record, this Court is not inclined to suspend the sentence of the accused-appellants. 8. Accordingly, both the applications of suspension of sentence are dismissed. (GANESH RAM MEENA),J [2026:RJ-JP:7431] (5 of 5) [SOSA-243/2026] SHRUTI SHARMA /4,5